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NFH 2020 VIRTUAL CONFERENCE Responsible Cabin Ownership: Test Your Knowledge

NFH 2020 VIRTUAL CONFERENCE

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Page 1: NFH 2020 VIRTUAL CONFERENCE

NFH 2020 VIRTUAL CONFERENCEResponsible Cabin Ownership: Test Your Knowledge

Page 2: NFH 2020 VIRTUAL CONFERENCE

Session Overview

• Test your basic knowledge of cabin rules.

• Zoom polling feature for a 14-question quiz.

• Time to respond to each question.

• Responses are anonymous and tallied instantaneously.

• Correct answer will be given and explained.

• Ask additional questions using Zoom Q&A feature.

• Time at end for additional questions and discussion.

Page 3: NFH 2020 VIRTUAL CONFERENCE

Agenda for Session

Workshop Uses Five Focus Areas:

1 – Forest Service2 – Permits3 – Using Your Cabin4 – Fees5 – Improvements

Page 4: NFH 2020 VIRTUAL CONFERENCE

Forest ServiceFOCUS AREA ONE

Page 5: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 1: What is the formal name of the cabin program?

a. The Cabin Programb. Summer Home Programc. Recreation Cabin Programd. Recreation Residence Program

Page 6: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 1: What is the formal name of the cabin program?

a. The Cabin Programb. Summer Home Programc. Recreation Cabin Programd. Recreation Residence Program

We use this becauseit’s easy

This was the program’s early name, still heard today some places,

suggested cabins are summer only

Page 7: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 2: What is the chain of command within the Forest Service?

a. This is a military concept and does not apply.b. District Ranger, Forest Supervisor, Regional Forester, the

Chief of the Forest Service.c. Recreation Planner, District Ranger, Forest Supervisor,

Regional Forester. d. Special Uses Administrator, District Ranger, Regional

Forester, the Chief.

Page 8: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 2: What is the “chain of command” within the Forest Service?

a. This is a military concept and does not apply.b. District Ranger, Forest Supervisor, Regional Forester, the

Chief of the Forest Service.c. Recreation Planner, District Ranger, Forest Supervisor, Regional

Forester. d. Special Uses Administrator, District Ranger, Regional Forester,

the Chief.

Page 9: NFH 2020 VIRTUAL CONFERENCE

Forest Service Chain of CommandLot X in Tract Y, Z National Forest

[Realty Specialist/Assistant Ranger or Special Uses Administrator]

District Ranger

Forest Supervisor

Regional Forester

Chief of Forest Service – Vicki Christiansen

Under Secretary of Agriculture, Natural Resources - James Hubbard

Secretary of Agriculture – Sonny Perdue

Page 10: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 3: What laws does a cabin owner have to follow?

a. Term Special Use Permit for Recreation Residences.b. Applicable sections of FS Manual, FS Handbook and

Regional Supplements.c. All applicable present and future federal, state, county

and municipal laws and regulations.d. Operating and Maintenance Plan.e. Annual Forest Service Bill For Collection. f. All the above

Page 11: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 3: What laws does a cabin owner have to follow?

a. Term Special Use Permit for Recreation Residences.b. Applicable sections of FS Manual, FS Handbook and

Regional Supplements.c. All applicable present and future federal, state, county

and municipal laws and regulations.d. Operating and Maintenance Plan.e. Annual Forest Service Bill For Collection. f. All the above

Page 12: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Forest Service Manual vs. Forest Service Handbook?

Manual = legal authorities and policies Handbook = instruction for carrying out

Manual policies

In general, the manual is more significant; however, handbook guidance is often equally important.

Page 13: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Regional Supplements to Forest Service Handbook

These provide important detail on construction, maintenance and use of cabins.

Regions 4,5,6 and some Forests have supplements

Page 14: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 4: What is a permit?

a. A lease.b. A contract that gives us specified use of our lots.c. A federal license that is revocable and terminable.d. None of the above.

Page 15: NFH 2020 VIRTUAL CONFERENCE

Forest Service

Question 4: What is a permit?

a. A lease.b. A contract that gives us specified use of our lots.c. A federal license that is revocable and terminable.d. None of the above.

“This permit, which is revocable and terminable, is not a contract or lease, but rather a federal license.”

Page 16: NFH 2020 VIRTUAL CONFERENCE

Your PermitFOCUS AREA TWO

Page 17: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 5: How long is your permit good for?

a. 30 Years.b. For the Lifetime of the Permittee.c. 99 Years -- They don’t expire.d. 20 Years.

Page 18: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 5: How long is your permit good for?

a. 30 Years.b. For the Lifetime of the Permittee.c. 99 Years -- They don’t expire.d. 20 Years.

Occupancy Act of 1915 allowed permit terms up to

30 years

Page 19: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 5: How long is your permit good for?

a. 30 Years.b. For the Lifetime of the Permittee.c. 99 Years -- They don’t expire.d. 20 Years.

A few permittees have“Life Tenure” due to local circumstances.

Page 20: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 5: How long is your permit good for?

a. 30 Years.b. For the Lifetime of the Permittee.c. 99 Years -- They don’t expire.d. 20 Years. Permits prior to 1915

were One Year Renewable permits, often called “99 Year

Leases”

Page 21: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 6: What happens when a permit expires?

a. The permit is extended for another 20 years.b. A new permit will be issued for 20 years.c. An analysis must be done before a new 20-year permit

can be issued.d. It can be auto renewed online.

Page 22: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 6: What happens when a permit expires?

a. The permit is extended for another 20 years.b. A new permit will be issued for 20 years.c. An analysis must be done before a new 20-year permit

can be issued.d. It can be auto renewed online.

Page 23: NFH 2020 VIRTUAL CONFERENCE

What happens when a permit expires? Most permits will expire in 2028, others 2024 to 2030

Prior to expiration date, Forest Service will carry out a Consistency Review and Continuation Determination [CRCD] Consistency Review: Are cabins consistent with the

Forest Management Plan for future use of that area? Continuation Determination: Is the specific permittee in

compliance with their use fees? Are the improvements approved and in good repair?

If both are satisfied, a new 20-year permit will be issued.

If compliance issues exist, a short term permit can be issued.

Page 24: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 7: How many names and what names can be on a permit?

a. Up to 2, a single owner, married couple, or trustee of a Forest Service approved trust.

b. Only 1, the owner or managing partner of a Forest Service approved LLC.

c. Up to 4, which can be family members or joint owners.d. However many can fit on one line of text.

Page 25: NFH 2020 VIRTUAL CONFERENCE

Your Permit

Question 7: How many names and what names can be on a permit?

a. Up to 2, a single owner, married couple, or trustee of a Forest Service approved trust.

b. Only 1, the owner or managing partner of a Forest Service approved LLC.

c. Up to 4, which can be family members or joint owners.d. However many can fit on one line of text.

“An individual, a married couple, or trustee of a Forest Service approved single asset trust.”

Page 26: NFH 2020 VIRTUAL CONFERENCE

Using Your CabinFOCUS AREA THREE

Page 27: NFH 2020 VIRTUAL CONFERENCE

Using Your Cabin

Question 8: What are the minimum and maximum days a cabin can be used per year?

a. 7 days minimum and no more than 180 days.b. 15 days minimum and 365 days maximum. c. Two weekends minimum and 6 months maximum.d. 15 days minimum and no specific maximum but cannot

be full-time residence.

Page 28: NFH 2020 VIRTUAL CONFERENCE

Using Your Cabin

Question 8: What are the minimum and maximum days a cabin can be used per year?

a. 7 days minimum and no more than 180 days.b. 15 days minimum and 365 days maximum. c. Two weekends minimum and 6 months maximum.d. 15 days minimum and no specific maximum, but

cannot be full-time residence.

Page 29: NFH 2020 VIRTUAL CONFERENCE

Using Your Cabin“…shall not be used as a full-time residence.”“Use…as a principal place of residence is prohibited..”

What is a “principal” or “full-time residence” ?

Region 5 Supplement defines a principal residence • Cannot simply be an address (like a PO Box)• Must be where the holder receives mail, is registered to vote,

from which children attend school, or holder commutes to work

Page 30: NFH 2020 VIRTUAL CONFERENCE

Using Your Cabin

Question 9: Cabin rentals are permitted. What are the limits?

a. 30 days per year or up to $10,000.b. 60 days per year with no dollar limit.c. 14 days per year or up to the annual operating costs,

whichever is less.d. Renting is permitted but is discouraged by the Forest

Service.

Page 31: NFH 2020 VIRTUAL CONFERENCE

Using Your Cabin

Question 9: Cabin rentals are permitted. What are the limits?

a. 30 days per year or up to $10,000.b. 60 days per year with no dollar limit.c. 14 days per year or up to the annual operating costs,

whichever is less.d. Renting is permitted but is discouraged by the Forest

Service.

Page 32: NFH 2020 VIRTUAL CONFERENCE

Cabin rentals are permitted. What are the limits? Permit Requires:

Must have written approval in advance by Authorized Officer. Rental for commercial use is prohibited. [think AirBnB]

Region 6 [OR & WA]: Amount of rental income may not exceed holder’s annual

expenses for upkeep and maintenance. No maximum days specified.

Region 5 [CA]: No dollar limitations mentioned. No more than 14 days per year.

Some Forests = No Renting

Page 33: NFH 2020 VIRTUAL CONFERENCE

FeesFOCUS AREA FOUR

Page 34: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 10: How much can our permit fee increase annually?

a. $100 per year.b. By an inflation factor that changes every year. c. Only by appraisal every 10 years.d. Our fees cannot be increased except by Congress.

Page 35: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 10: How much can our permit fee increase annually?

a. $100 per year.b. By an inflation factor that changes every year. c. Only by appraisal every 10 years. Before CFAd. Our fees cannot be increased except by Congress.

Page 36: NFH 2020 VIRTUAL CONFERENCE

How much can our permit fee increase annually?

Cabin Fee Act [Public Law 113-291] Passed by Congress December 2014

Eliminated 10-year appraisals to set use fees

Established 11 fee tiers organized by last appraised values

Initial special use fees from $650 to $5,650

Fee adjusted annually using Implicit Price Deflator for the Gross Domestic Product (IPD-GDP, like CPI).

CFA ensured predictable and affordable fees

Page 37: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 11: How does the Forest Service use our annual special use fees?

a. To administer the Recreation Residence Program.b. To administer the program and fund recreation. c. To administer the cabin program and fight wildfires.d. Our fees go into the Treasury and not to the Forest

Service.

Page 38: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 11: How does the Forest Service use our annual special use fees?

a. To administer the Recreation Residence Program.b. To administer the program and fund recreation. c. To administer the cabin program and fight wildfires.d. Our fees go into the Treasury and not to the Forest

Service.

Page 39: NFH 2020 VIRTUAL CONFERENCE

How does the Forest Service use our annual special use fees?

Under the Cabin Fee Act, beginning in 2025: Fee Retention“…the Secretary may retain, and expend…any fees collected under this section… to administer the recreational residence program and other recreation programs carried out on National Forest System land. “

NFH has developed a recommendation for how retained fees should be used by the Forest Service with most fees remaining on their home forest.

Page 40: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 12: Which of these will cause atransfer fee to be charged?

a. Sale of a cabin to a new owner.b. Transfer of a permit to an immediate family member. c. Change of the trustee of a FS approved trust.d. All of the above.

Page 41: NFH 2020 VIRTUAL CONFERENCE

Fees

Question 12: Which of these will cause atransfer fee to be charged?

a. Sale of a cabin to a new owner.b. Transfer of a permit to an immediate family member. c. Change of the trustee of a FS approved trust.d. All of the above.

Page 42: NFH 2020 VIRTUAL CONFERENCE

Transfer Fees

New with the Cabin Fee Act.

Initially set at $1200, increases annually by IPD-GDP.

Can be paid by buyer, seller or split [negotiable].

Some terms still being worked out.

Page 43: NFH 2020 VIRTUAL CONFERENCE

ImprovementsFOCUS AREA FIVE

Page 44: NFH 2020 VIRTUAL CONFERENCE

Improvements

Question 13: If your cabin were to be destroyed, which of these steps will be needed to rebuild?

a. FS must determine if lot can be reoccupied safely and use for cabin is consistent with Forest Plan.

b. Plans must be submitted and approved by FS and applicable county agency.

c. Plans must satisfy current FS building restrictions and be no larger than original cabin.

d. All of the above.

Page 45: NFH 2020 VIRTUAL CONFERENCE

Improvements

Question 13: If your cabin were to be destroyed, which of these steps will be needed to rebuild?

a. FS must determine if lot can be reoccupied safely and use for cabin is consistent with Forest Plan.

b. Plans must be submitted and approved by FS and applicable county agency.

c. Plans must satisfy current FS building restrictions and be no larger than original cabin.

d. All of the above.

Page 46: NFH 2020 VIRTUAL CONFERENCE

Improvementsc. Plan must satisfy current FS building restrictions and be no larger than original cabin.

• Some cabins have conditional approval of now unauthorized construction or improvements;

• If cabin is destroyed or substantially damaged, affected non-compliant elements will have to be brought into compliance. [R5 Supplement]

• Rebuilding will be required to comply with current FS regulations and county codes.

• Cabin Size: Original cabin but not exceeding 1400 SF in R5, 1200 SF in R6, Other regions and forests may vary.

Page 47: NFH 2020 VIRTUAL CONFERENCE

Improvements

Question 14: Which of these activities is NOT allowed by your Recreation Residence Permit?

a. Planting of native species with prior approval.b. Use of tents and RVs for short periods.c. Limbing up trees to 12 feet and removal of trees under 6”

diameter to provide fire clearance.d. Winter storage of boats so long as they’re out of sight and

covered with dark-colored tarps.

Page 48: NFH 2020 VIRTUAL CONFERENCE

Improvements

Question 14: Which of these activities is NOT allowed by your Recreation Residence Permit?

a. Planting of native species with prior approval.b. Use of tents and RVs for short periods.c. Limbing up trees to 12 feet and removal of trees under 6”

diameter to provide fire clearance. [Maybe O&M]d. Winter storage of boats so long as they’re out of sight and

covered with dark-colored tarps.

Page 49: NFH 2020 VIRTUAL CONFERENCE

Responsible Cabin Ownership:Test Your Knowledge

What Are Your Questions ?

Roy [email protected] [email protected]

Page 50: NFH 2020 VIRTUAL CONFERENCE

2020 NFH Virtual Event Sponsors

Forest Roots Sponsors:

Odell Lake Homeowners Association andCrescent Lake Homeowners Association

If you like this kind of webinar or at least where we’re headed, consider how to become an Event Sponsor. Ask us or choose Donate on our website menu.

High Country and Watershed Sponsors >

Page 51: NFH 2020 VIRTUAL CONFERENCE

Evaluation

We want to hear from you!

Check your conference packet or go online to www.nationalforesthomeowners.org and visit the 2020 NFH Virtual Event page to find the evaluation link and more.

Please fill out an evaluation for the whole event, including those sessions you attended. Rate each session only once, but if you decide to come back to the conference for more, feel free to fill out another evaluation for the additional sessions you attend.

If you like this educational cabin community experience, let us know. If we can improve, here’s your chance to tell us.

Page 52: NFH 2020 VIRTUAL CONFERENCE

THANK YOU FOR JOINING US!

National Forest Homeowners